Private Client

 

Attorney able to act as Personal Representative

Attorney able to act as Personal Representative to apply for Grant of Letters of Administration. In the recent case of Whittaker v Hancock & Ors [2018] EWHC 3478 (Ch), the High Court held that an Attorney acting under a Lasting Power of Attorney for...

Top 10 Private Client New Year's Resolutions

Top 10 Private Client New Year’s Resolutions It's that time of year again to make a fresh start and sort out everything you were avoiding in December. Here are our 10 top tips for getting your affairs in order in 2019: Make or review your Will ...

Tribunal considers 'living' at a property for CGT purposes

First-Tier Tribunal considers ‘living’ at a property for Capital Gains Tax purposes In the recent case of Hezi Yechiel v HMRC [2018] TC06829 , the First-Tier Tribunal (FTT) found that a property owner did not prove a sufficient quality...

Be wary of unregulated Will-writers

The  Wills & Probate Consumer Research Report 2018 , undertaken by IRN Research  and Orchard Reports, recently found that six out of ten people who use the services of Will-writers do not know that their work is unregulated. Whilst using the...

Business Property Relief Allowed for DIY Livery Business

Business Property Relief (BPR) reduces the value of a business or its assets for the purposes of calculating Inheritance Tax (IHT). You may be able to claim BPR at a rate of either 50 or 100% on certain business assets of an estate. However, according...

The Importance of a Lasting Power of Attorney

A Lasting Power of Attorney (“LPA”) is a legal document that lets you appoint one or more people as your attorneys to help you make decisions or to make decisions on your behalf. It is a very powerful and wide-reaching document. There are two...

Update on Lasting Powers of Attorney

The Public Guardian recently brought several test cases which highlight the importance of correctly drafting a Lasting Power of Attorney (LPA). An LPA is a legal document that lets you as the donor appoint people to be your attorneys to help you make...

Bank fined £25,000 for failing to apply for a Grant of Probate

There are several steps you need to follow if you are administering the estate of someone who has died whilst holding foreign assets which are not dealt with by a Will in that country. You will usually need to provide the following documents to the...

Significant Increase in Probate Fees

On the 5th November 2018, Justice Minister Lucy Frazer MP announced an increase in probate fees from April 2019. A grant of probate is a court order obtained by the executors which provides the authority to deal with the estate of someone who has died....

Trustees granted new powers under s57 of the Trustee Act 1925

In the recent case of Gelber v Sunderland Foundation and others [2018] EWHC 2344 (Ch), [2018] All ER (D) 31 (Sep), the High Court granted new powers to trustees under the Trustee Act 1925 (the “Act”). Where the trust document does not give...
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